Linyi, Shandong, a 28-year-old man, Shi Mou, met the girl Xiaoyu when passing through a certain community, and was deeply attracted by Xiaoyu's beautiful appearance. In order to create more opportunities to get close to Xiao Yu, Shi Mou secretly

Linyi, Shandong, a 28-year-old man, Shi Mou, met the girl Xiaoyu when passing through a certain community, and was deeply attracted by Xiaoyu's beautiful appearance. In order to create more opportunities to get close to Xiao Yu, Shi secretly tracked Xiao Yu and mastered Xiao Yu's residence and commuting time.

Since then, Shi Mou has often "encountered" Xiao Yu, but because he has 2 previous convictions of intentional injury to death and forced prostitution, he feels inferior and has not had the courage to pursue Xiao Yu.

On the day of the incident, Shi Mou drank a lot of wine and was ready to borrow wine to bump into Xiao Yu.

At more than 10 o'clock that night, Shi Hid in the Corridor and waited for Xiao Yu to leave work. "Ding", the elevator door opened, Xiao Yu just came out of the elevator door, ready to take out the key, Shi Mou suddenly stepped forward, quickly pulled down Xiao Yu's windproof hat to block his view, and then reached out to cover Xiao Yu's mouth, and used a hard object against his waist: "Don't make a sound, make a sound I killed you, I originally killed people." ”

Xiao Yu did not dare to resist and could only be at his mercy.

Immediately afterward, Shi coerced Xiaoyu into the house, blindfolded her eyes with clothes, rummaged through boxes and cabinets, found hundreds of yuan and a few pieces of gold jewelry, and fled the scene.

After the incident, the police arrested Shi Mou, Shi Mou confessed that he originally wanted to approach Xiao Yu, did not prepare to rob, the result was forced by the debt collection phone urgent, coupled with drinking some wine, a momentary mistake, made a big mistake, robbed Xiao Yu.

Some people like themselves, which was originally a very happy thing, but it was estimated that they could not be happy when they were remembered by Shi Mou.

Fortunately, Xiao Yu did not know that Shi Mou had admired him for a long time, and if he knew about this, he probably would not dare to go home alone.

Legally speaking, how should Shi Mou's behavior be evaluated?

The crime of robbery is the act of forcibly snatching public or private property from the owner of the property on the spot, using violence, coercion or other means for the purpose of illegal possession.

In this case, although Shi did not use a weapon, the items on Xiao Yu's waist were just gestures, but he used the methods of covering his eyes, covering his mouth and scaring Xiao Yu to suppress Xiao Yu's resistance, which also constituted the crime of robbery.

The core point of the crime of robbery is not whether weapons are used or whether there is violence, but in suppressing the resistance of the victims.

The law holds that as long as the victim's resistance is suppressed and the victim's property is forcibly taken, it constitutes the crime of robbery.

It is worth noting that the crime of robbery is an act committed, and the criminal law does not stipulate the amount and circumstances of the crime of robbery.

As long as the perpetrator commits the act of robbing public or private property on the spot by violence, coercion or other means, regardless of whether the money is robbed or not, and no matter how much money is actually robbed.

Article 263 of the Penal Code stipulates that whoever robs public or private property by force, coercion or other means shall be sentenced to 3-10 years' imprisonment and a fine.

Whoever commits a home robbery, a robbery with a gun or multiple robberies, or a huge amount of robbery shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or have his property confiscated.

Shi Mou confessed that before the incident, he did not know how long he would be sentenced to do so. Until after making a mistake, I searched for it on today's headlines with my mobile phone, and the robbery of the home was sentenced to more than 10 years, and I was suddenly scared to show my face in the New Year.

However, Shi Did Not Show Up, Also Failed to Escape Pursuit, on the sixth day of the Chinese New Year, before the end of the year, the police took criminal coercive measures against Shi.

@Ant Statement What do you think about this? Focus on hot issues and explore people's hearts and the law.

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